The Barbed Wire - October 5, 2018

October 5, 2018
RCRC Announces Winner of Second Annual Rural Photo Contest
Farm Bill Update
Rural Broadband Update
THE RURAL RUNDOWN PODCAST
BULLETIN BOARD
LEGISLATIVE UPDATE

RCRC Announces Winner of Second Annual Rural Photo Contest

The Rural County Representatives of California (RCRC) is pleased to announce the winner of the 2018 Rural County Photo Contest, with this year’s first place prize going to Peggy Sells for her breathtaking sunset photo of Table Mountain overlooking New Melones Reservoir in Tuolumne County. This year’s Rural County Photo Contest resulted in more than 260 entries, from amateur and professional photographers alike. Read More…

Farm Bill Update

Funding from the 2014 Farm Bill expired on Sunday, September 30 and there is no sign of an extension.  This week, Congress considered a bill to reauthorize the Federal Aviation Authority (FAA), the last potential legislative vehicle for a Farm Bill extension before the lame-duck session begins after the election.  The FAA reauthorization passed on Wednesday without a Farm Bill extension which will put the issue on hold until after the midterm elections on November 6.  Instead, lawmakers are pointing fingers and shifting blame to avoid any political consequences for the breakdown of the negotiations between the House and Senate.  The top four negotiators, chairs and ranking members of the House and Senate Agriculture Committees, met Thursday for the first time since the 2014 Farm Bill expired but there were no indications of progress. 

The forestry title remains a sticking point in negotiations over the 2018 Farm Bill.  The House version of the bill, HR 2, includes language from the Resilient Federal Forests Act, a forest management reform bill that passed the House in 2017.  The language includes several provisions that would curtail environmental regulations, promote forest management activities, and reduce the threat of wildfires.  The Resilient Federal Forests Act never progressed through the Senate, and the bill is opposed by conservation groups who argue the bill’s environmental reforms leave forests vulnerable to logging and over-production from foresters.

Democrats and Republicans will attempt to negotiate during the lame-duck session but there will be little political incentive to compromise. If Democrats win the House in the midterms they will likely stall negotiations until the new session of Congress begins in January 2019.

Rural Broadband Update

Senate Commerce Committee Chairman John Thune (R-South Dakota) held a hearing this week on the status of the digital divide.  The discussion touched on the Federal Communications Commission’s (FCC) role to facilitate rural broadband deployment. Chairman Thune in particular found the FCC’s efforts to close the digital divide lacking, and took FCC Chairman Ajit Pai to task for not investing more in rural America. 

Witnesses criticized the FCC for continuing to rely on inaccurate mapping data of broadband coverage in rural areas.  Grant Spellmeyer, vice president for federal affairs for U.S. Cellular, complained that the FCC’s maps over-estimate internet coverage in rural areas across the U.S. Spellmeyer points out that if rural carriers make investments with inaccurate coverage information from the FCC, it will take years for carriers to find the funds to fix their networks.  The FCC is frequently criticized for using inaccurate mapping data to determine rural America’s underserved areas.  Poor data leads to misappropriated funds that don’t serve areas with the highest need for more broadband.

Committee members and witnesses both urged the FCC to invest more in rural broadband.  Chairman Thune and Ranking Member Amy Klobuchar (D-Minnesota) agreed the state of the digital divide is unacceptable and that the FCC must engage more on this issue.

THE RURAL RUNDOWN PODCAST

The Rural Rundown discusses the legislative and regulatory issues impacting California’s rural counties, featuring commentary and interviews from individuals committed to improving the quality of life in rural California. 

The Rural Rundown #8 – 2017-18 Legislative Session Wrap-Up

Governor Jerry Brown signed 1,016 bills to close out the 2017-18 Legislative Session.  In this episode of The Rural Rundown, Justin Caporusso, RCRC’s Vice President of External Affairs sits down with Paul Smith, RCRC’s Vice President of Governmental Affairs, to talk about the bills of particular interest to California’s rural counties, and what to expect when the Legislature reconvenes in December.

The Rural Rundown can be accessed here

BULLETIN BOARD

Announcements regarding hearings, grants, and public comment notices of importance to California's rural counties.

CAL FIRE Announces Availability of Funding for Grants to Reduce Fire Threat and Improve Forest Health

Click here

LEGISLATIVE UPDATE

RCRC members are encouraged to share letters addressed to state and federal representatives and regulatory bodies with RCRC’s Government Affairs staff.  

Assembly Bill 924 (Bonta): Indian Tribes: Commercial Cannabis Activity.  Assembly Bill 924 expresses legislative intent to authorize the Governor to enter into agreements concerning cannabis activities on lands of federally-recognized sovereign Indian tribes. Status: AB failed passage on the Senate Floor.  RCRC Position: Support If Amended

Assembly Bill 1250 (Jones-Sawyer): Counties and Cities: Personal Contract Services.  Assembly Bill 1250 would establish specific standards for the use of personal services contracts by counties.  Status: AB 1250 failed passage on the Senate Floor. RCRC Position: Oppose

Assembly Bill 1875 (Wood): Residential Property Insurance.  Assembly Bill 1875 would require an insurer to offer extended replacement cost coverage when issuing or renewing a policy of residential property insurance, and requires the insurer to disclose the premium costs for extended replacement cost coverage. Status: AB 1875 has been signed into law by the Governor. RCRC Position: Support

Assembly Bill 1919 (Wood): Price Gouging: State of Emergency. Assembly Bill 1919 would make it a misdemeanor, upon proclamation or declaration of an emergency to increase the monthly rental price advertised, offered or charged for residential housing to an existing or prospective tenant by more than a specified percentage or greater than the rental price advertised, offered, or charged within 30 days immediately prior to the date of the proclamation or disaster. Status: AB 1919 has been signed into law by the Governor.  RCRC Position: Support

Assembly Bill 1954 (Patterson): Timber Harvest Plans: Exemption: Flammable Materials. Assembly Bill 1954 would delete the inoperative date of an exemption from some or all provisions of the Forest Practices Act of 1973 concerning a person engaged in specified forest management activities. Status: AB 1954 has been signed into law by the Governor. RCRC Position: Support

Assembly Bill 2050 (Caballero): Small System Water Authority Act of 2018.  Assembly Bill 2050 would create the Small System Water Authority Act of 2018 and state legislative findings and declarations relating to authorizing the creation of small system water authorities that will have powers to absorb, improve, and competently operate noncompliant public water systems. Defines various terms and requires a change in organization to be carried out as set forth in the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. Status: AB has been vetoed by the Governor.  RCRC Position: Support

Assembly Bill 2348 (Aguiar-Curry): Winter-Flooded Rice: Incentives. Assembly Bill 2348 would declare the intent of the Legislature to enact subsequent legislation that would provide an incentive to farmers to maintain winter-flooded rice. Status:  AB 2348 has been signed into law by the Governor. RCRC Position: Support

Assembly Bill 2447 (Reyes): California Environmental Quality Act: Land Use. Assembly Bill 2447 would require the Office of Environmental Health Hazard Assessment to publish a list of subject land uses and a map that identifies disadvantaged communities and areas within 1/2 mile radius of the disadvantaged communities. Requires a lead agency to provide certain notices to owners and occupants of property located within one-half mile of any parcel or parcels, and to any schools located within one mile of any parcel or parcels, involving a subject land use. Status: AB 2447 has been vetoed by the Governor. RCRC Position: Concerns

Assembly Bill 2501 (Chu): Drinking Water: Consolidation and Extension of Service.  AB 2501 would redefine small public water system for purposes of the California Safe Drinking Water Act as a system with 200 connections or less. Authorizes the State Water Resources Control Board to order consolidation with a receiving water system where a disadvantaged community is reliant on a state small water system, an individual well, or an unregulated water system serving fewer than five connections. Status: AB 2501 has been signed into law by the Governor. RCRC Position: Pending

Assembly Bill 2518 (Aguiar-Curry): Innovative Forest Products and Mass Timber. Assembly Bill 2518 would require the Department of Forestry and Fire Protection, in collaboration with the State Board of Forestry and Fire Protection, to explore markets, including export markets, for milling, development, and expansion of innovative forest products and mass timber, that require consistence with the state's climate objectives on forest lands. Status: AB 2518 has been signed into law by the Governor. RCRC Position: Support

Assembly Bill 2551 (Wood): Forest and Wildland Health Improvement. Assembly Bill 2551 would require the Department of Forestry and Fire Prevention to establish, implement, and administer the Forest and Wildland Health Improvement and Fire Prevention Program, which is intended to promote forest and wildland health, restoration, and resilience, and improve fire prevention and preparedness throughout the state. Status: AB 2551 has been signed into law by the Governor. RCRC Position: Support

Assembly Bill 2594 (Friedman): Fire Insurance. Assembly Bill 2594 would revise the standard forms of policy and extend the period in which to bring suit to 24 months after the inception of the loss if the loss is related to a state of emergency, as specified. Status: AB 2594 has been signed into law by the Governor. RCRC Position: Support

Assembly Bill 2697 (Gallagher): Wildlife, Bird and Waterfowl habitat. Assembly Bill 2697 would require the Wildlife Conservation Board to establish a program, which may include direct payments or other incentives, to encourage landowners to voluntarily cultivate or retain cover crops or other upland vegetation on idled lands to provide waterfowl, upland game bird, and other wildlife habitat cover for purposes, including, but not limited to, encouraging the use of idle agricultural lands for wildlife habitat. Status: AB 2697 has been signed into law by the Governor. RCRC Position: Support

Assembly Bill 2908 (Berman): Tire Recycling: California Tire Regulatory Fee. AB 2908 would amend the California Tire Recycling Act. Requires, upon a specified finding by the Department of Resources and Recycling and Recovery, a waste tire generator, that is a retail seller of new tires to end user purchasers, to pay a state tire regulatory fee and to remit that fee to the state on a quarterly schedule for a deposit in the California Tire Recycling Management Fund. Requires the Department to track revenue from the state tire regulatory fee separately. Requires a public hearing. Status: AB 2908 has been vetoed by the Governor. RCRC Position:  Support

Assembly Bill 3036 (Cooley): Solid Waste: Definition. Assembly Bill 3036 would exclude from the State Integrated Waste Management Act's definition of solid waste byproducts from processing food, if those byproducts meet certain conditions, including, among others, that the byproducts are intended for use as animal feed. Status: AB 3036 has been signed into law by the Governor. RCRC Position: Watch

Assembly Bill 3178 (Rubio): Integrated Waste Management Plans: Source Reduction. Assembly Bill 3178 would require the Department of Resources Recycling and Recovery to consider whether the absence or loss of a market for recyclable materials necessitated the disposal of those materials as a temporary measure to avoid a public health threat when evaluating a jurisdiction’s compliance with AB 939 diversion goals. Status: AB has been vetoed by the Governor. RCRC Position: Support

Senate Bill 168 (Wieckowski): Beverage Container Recycling Act of 2017.  Senate Bill 168 would require Department of Resources Recycling and Recovery to establish minimum recycled content for beverage containers and to provide the Legislature a report on an extended producer responsibility program to replace the current beverage container recycling program. Status: SB failed passage on the Assembly Floor.  RCRC Position: Support

Senate Bill 212 (Jackson): Solid Waste: Pharmaceutical Sharps and Waste. Senate Bill 212 would establish a pharmaceutical and sharps waste stewardship program, under which each manufacturer of covered drugs or sharps, as defined, in the state would be required to establish and implement, either on its own or as part of a group of covered manufacturers through membership in a pharmaceutical and sharps waste stewardship organization, a pharmaceutical and sharps waste stewardship program. Status: SB 212 has been signed into law by the Governor. RCRC Position: Support

Senate Bill 452 (Glazer): The California Beverage Container Recycling and Litter Reduction Act. Senate Bill 452 is considered the bottle bill “short term fix” and is intended to increase recycling opportunities. SB 452 proposes to return processing payments to 2015 levels and extends plastic recycling market development incentives. SB 452 would also limit take back responsibility for dealers in unserved zones to 24 containers per day, temporarily relieve dealers by suspending the take-back obligation in zones that became unserved due to a recycling center closure until December 2021, and provides additional handling fees in rural areas annually for three years, among other provisions. Status:  SB 452 has been vetoed by the Governor. RCRC Position: Support

Senate Bill 824 (Lara): Insurance: Nonrenewal.  Senate Bill 824 would express the intent of the Legislature to clarify that the provisions described concerning cancellation of structural insurance policies is applicable to all insured properties located within a county for which a state of emergency has been declared. SB 824 prohibits nonrenewal of the policies under specified circumstances. Status: SB 824 has been signed into law by the Governor.  RCRC Position: Support

Senate Bill 833 (McGuire): Emergency Alerts: Evacuation Orders: Operators. Senate Bill 833 would provide for a red alert system designed to issue and coordinate alerts following an evacuation order. Requires the red alert system to incorporate a variety of notification resources and developing technologies that may be tailored to the circumstances and geography of the underlying evacuation, as appropriate. Status: SB 833 has been signed into law by the Governor. RCRC Position: Support

Senate Bill 894 (Dodd): Property Insurance. Senate Bill 894 would require an insurer, in the case of a total loss to the primary insured structure under a policy of residential property insurance, to offer to renew the policy. Increases the minimum coverage for additional living expenses in the case of a loss related to a declared state of emergency. Requires an insurer who decides not to offer to renew a policy after the expiration of that period to report the decision to not offer to renew the policy to the Insurance Commissioner. Status: SB 894 has been signed into law by the Governor. RCRC Position: Support

Senate Bill 917 (Jackson): Insurance Policies. Senate Bill 917 would provide that insurance policies that do not cover the peril of landslide shall not exclude coverage for any loss or damage attributable to a landslide if the landslide resulting in loss or damage was proximately caused by another covered peril, as provided.  Status: SB 917 has been signed into law by the Governor. RCRC Position: Support

Senate Bill 998 (Dodd): Water Shutoffs: Urban and Community Water Systems. Senate Bill 998 would require an urban and community water system as a public water system that supplies water to more than 200 service connections, to have a written policy on residential service shutoff available in specified languages of the people residing in its service area. Requires certain aspect to be available on its system web site and be provided annually to customers in writing. Status: Senate Bill 998 has been signed into law by the Governor. RCRC Position: Support

Senate Bill 1079 (Monning): Forest Resources: Fire Prevention Grant Fees. Senate Bill 1079 would relate to existing laws authorizing the Director of Forestry and Fire Protection to provide grants to entities, including, but not limited to, private or nongovernmental entities, Native American tribes, or local, state, and federal public agencies, for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions. Authorizes the Director to authorize advance payments to a nonprofit organization, a special district, or a Native American tribe. Status: SB 1079 has been signed into law by the Governor. RCRC Position: Support

Senate Bill 1215 (Hertzberg): Drinking Water Systems and Sewer Systems: Consolidation. Senate Bill 1215 would authorize the State Water Resources Control Board to set timeline and performance measures to facilitate completion of extension of service of drinking water under the Safe Drinking Water Act. Authorizes ordered consolidation with a receiving sewer system for, or extension of sewer service to, a disadvantaged community under specified circumstances. Status: SB 1215 has been signed into law by the Governor. RCRC Position: Oppose

Senate Bill 1260 (Jackson): Fire Prevention and Protection: Prescribed Burns. Senate Bill 1260 would require a local agency to transmit a copy of their adopted ordinance to the State Board of Forestry and Fire Protection within a certain number of days of adoption. Requires a local agency to make a finding that ingress and egress for a subdivision meet regulations regarding road standards for fire equipment access, as provided. Gives the Department the option, if it elects not to purchase insurance, to determine proportionate share of liability, as provided. Status: SB 1260 has been signed into law by the Governor. RCRC Position: Support